THE COUNTRY OF ORIGIN MARKING OF A BAG AND A WALLET

N279881 October 27, 2016 MAR-2 OT:RR:NC:42:441 CATEGORY: MARKING John B. Pellegrini McGuire Woods LLP 1345 Avenue of the Americas, Seventh Floor New York, NY 10105 RE: THE COUNTRY OF ORIGIN MARKING OF A BAG AND A WALLET Dear Mr. Pellegrini: This is in response to your letter dated September 9, 2016, on behalf of Coach Services, Inc., requesting a ruling on whether the proposed marking “MADE IN CHINA” is an acceptable country of origin marking for an imported bag and wallet if another marking "Coach New York" also appears on the articles. Marked samples were submitted with your letter for review. The bag has a detachable metal hangtag around the shoulder strap with the words “COACH NEW YORK” etched on the tag. The latch closure at the front of the bag has the words “COACH NEW YORK” etched on it. There is a metal logo permanently attached at the side of the bag that also has the words “COACH NEW YORK.” The lining has the word “COACH” printed on it in a repeating pattern. There is a black label with white lettering permanently sewn into the bright pink textile lining of the bag with the words “MADE IN CHINA CHINE” on one side with a symbol of a horse and carriage on the other side. The wallet has a metal logo on the front panel with the words “COACH NEW YORK.” There is a metal pull tag with the words “COACH NEW YORK” etched on both sides. There is a black label with white letters sewn into the orange lining. One side has the word “COACH” and the other side had the words “MADE IN CHINA CHINE.” The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. However, Section 134.47, Customs Regulations (19 CFR 134.47), provides that when the name of a place other than the country of origin appears as part of a trademark or trade name or as part of a souvenir marking, the name of the actual country of origin must appear in close proximity to the place name “or in some other conspicuous location”. Whether the country of origin appears “in close proximity” or in some other conspicuous place, the name of the country of origin must be preceded by "Made in," "Product of," or words of similar meaning. In other words, if the question concerns a trademark, trade name or souvenir marking, the country of origin marking need only meet the general standard of conspicuousness. You have provided evidence that "Coach New York" is a registered trademark. As such, to the extent to which the trademark remains valid, the proposed marking of the bag and the wallet, as described above, satisfies the marking requirements of 19 CFR 134.47 and are acceptable country of origin markings for the imported bag and wallet. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Vikki Lazaro at (646) 733-3041. Sincerely, Steven A. Mack Director National Commodity Specialist Division